Bill Text: NY A05857 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to standards for the use of electronic control weapons; defines such weapons as conducted energy devices, such as stun guns; requires an annual report to the governor, assembly and senate.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-04-24 - advanced to third reading cal.563 [A05857 Detail]

Download: New_York-2013-A05857-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5857--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 7, 2013
                                      ___________
       Introduced  by M. of A. AUBRY -- read once and referred to the Committee
         on Codes -- committee discharged, bill amended, ordered  reprinted  as
         amended and recommitted to said committee
       AN  ACT to amend the executive law, in relation to standards for the use
         of electronic control weapons
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The executive law is amended by adding a new section 837-s
    2  to read as follows:
    3    S 837-S. STANDARDS FOR USE OF ELECTRONIC CONTROL WEAPONS.  1. FOR  THE
    4  PURPOSES OF THIS SECTION
    5    (A)  "LAW ENFORCEMENT AGENCY" MEANS AN AGENCY ESTABLISHED BY THE STATE
    6  OR A UNIT OF LOCAL GOVERNMENT WHICH EMPLOYS POLICE OFFICERS  AS  DEFINED
    7  IN  SECTION  1.20  OF  THE  CRIMINAL  PROCEDURE LAW OR PEACE OFFICERS AS
    8  DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW WHO ARE  EMPOWERED
    9  TO  USE  ELECTRONIC  CONTROL  WEAPONS  IN  THE  COURSE OF THEIR OFFICIAL
   10  DUTIES.
   11    (B) "ELECTRONIC CONTROL WEAPON" MEANS A CONDUCTED ENERGY  DEVICE  SUCH
   12  AS  A  STUN  GUN  WHICH  IS  A  LESS-LETHAL WEAPON PRIMARILY DESIGNED TO
   13  DISRUPT A SUBJECT'S NERVOUS SYSTEM BY MEANS OF DEPLOYING A HIGH VOLTAGE,
   14  LOW POWER CURRENT OF ELECTRICAL ENERGY SUFFICIENT TO CAUSE  PAIN  AND/OR
   15  UNCONTROLLED  MUSCLE  CONTRACTIONS TO OVERRIDE AN INDIVIDUAL'S VOLUNTARY
   16  MOTOR RESPONSE.
   17    2. THE COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF  STATE
   18  POLICE  AND MUNICIPAL POLICE TRAINING COUNCIL, SHALL PROMULGATE A STAND-
   19  ARDIZED INCIDENT REPORT WHICH SHALL BE USED BY ALL STATE AND  LOCAL  LAW
   20  ENFORCEMENT  AGENCIES  IN THE REPORTING, RECORDING, AND INVESTIGATION OF
   21  ALL INSTANCES  IN  WHICH  AN  ELECTRONIC  CONTROL  WEAPON  IS  FIRED  OR
   22  DISCHARGED IN THE LINE OF DUTY BY A POLICE OFFICER AS DEFINED IN SECTION
   23  1.20  OF  THE  CRIMINAL  PROCEDURE  LAW OR A PEACE OFFICER AS DEFINED IN
   24  SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW.  SUCH INCIDENT REPORT  SHALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09466-02-3
       A. 5857--A                          2
    1  IDENTIFY  THE  LAW ENFORCEMENT AGENCY EMPLOYING SUCH OFFICER AND INCLUDE
    2  FACTS SUPPORTING SUCH OFFICER'S DECISION TO DEPLOY SUCH WEAPON,  INCLUD-
    3  ING  THE  CRIME SUCH INDIVIDUAL IS ALLEGED TO HAVE COMMITTED, A SPECIFIC
    4  JUSTIFICATION  FOR ANY PROLONGED DISCHARGE CYCLE OR MULTIPLE DISCHARGES,
    5  THE AGE, RACE AND GENDER OF THE INDIVIDUAL AGAINST WHOM THE  WEAPON  WAS
    6  DEPLOYED,  THE  LOCATION OF THE DISCHARGE OF THE WEAPON ON SUCH INDIVID-
    7  UAL'S BODY, AND A DESCRIPTION OF ANY KNOWN  INJURIES  OR  DEATH  OF  THE
    8  INDIVIDUAL. SUCH INCIDENT REPORTS SHALL BE FORWARDED TO THE COMMISSIONER
    9  FOR  REVIEW BY ALL LAW ENFORCEMENT AGENCIES IMMEDIATELY AFTER EACH INCI-
   10  DENT.
   11    3. IN CONSULTATION WITH LAW ENFORCEMENT AGENCIES THE DIVISION SHALL,
   12    (A) COLLECT, ANALYZE, EVALUATE AND DISSEMINATE STATISTICAL  AND  OTHER
   13  DATA  RELATING  TO THE USE OF ELECTRONIC CONTROL WEAPONS BY POLICE OFFI-
   14  CERS AND PEACE OFFICERS THROUGHOUT THE STATE; AND
   15    (B) PRESENT TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF  THE  SENATE,
   16  MINORITY  LEADER  OF  THE  SENATE, SPEAKER OF THE ASSEMBLY, THE MINORITY
   17  LEADER OF THE ASSEMBLY AN ANNUAL PUBLIC REPORT CONTAINING THE STATISTICS
   18  AND OTHER INFORMATION REQUIRED BY THIS SUBDIVISION; AND
   19    (C) PROMULGATE RULES AND REGULATIONS THAT SHALL BE ADOPTED BY ALL  LAW
   20  ENFORCEMENT  AGENCIES TO ASSURE THAT THE USE OF ELECTRONIC CONTROL WEAP-
   21  ONS BY POLICE AND PEACE OFFICERS IN THIS STATE IS APPROPRIATE, SAFE  AND
   22  IN ACCORDANCE WITH DEPARTMENT OF JUSTICE GUIDELINES, AND PROHIBITING USE
   23  OF  SUCH  WEAPONS  IN  CIRCUMSTANCES WHERE THEIR USE IS NOT NECESSARY OR
   24  APPROPRIATE.
   25    S 2. This act shall take effect on the one hundred eightieth day after
   26  it shall have become a law.